Medway Local Plan (Regulation 18, 2024)

4.1 Introduction

4.1.1 Medway's environment is at the heart of our new Local Plan. Medway is incredibly rich and diverse in its landscapes, habitats and wildlife. We have areas of international and national importance for nature and landscape. Our duty is to conserve and enhance these important features. The plan also reflects the need to address the impacts of climate change and to promote more sustainable development, that reduces our impacts on the planet. We seek to manage natural assets such as water, air quality and minimise the impacts of pollution.

4.2 Planning for climate change

4.2.1 Medway Council declared a climate emergency in April 2019 and is working to implement its Climate Change Action Plan. Planning has a critical role to play in meeting our ambitions to respond effectively to the impacts of climate change, in designing places that cut carbon emissions and build resilient communities. The Council considers that the Local Plan can contribute a range of solutions to the climate crisis. Medway as a coastal area is at risk of flooding, and its communities and nature are also exposed to the impacts of overheating, drought and soil erosion. The Hoo Peninsula is particularly vulnerable to rising sea level rises.^[1]

4.2.2 Increasing temperatures are already being experienced, and for longer, as a result of climate change. Consideration will need to be given to the design and balance of development against the need for green infrastructure to mitigate urban heat islands through cooling and shading. Similarly consideration will be required to mitigate the likely increase in impermeable surfaces and subsequent surface water flooding, through appropriate Sustainable Drainage Systems (SuDs) and/or green infrastructure.

4.2.3 The vision and strategic objectives of the Local Plan set out Medway's aims to significantly progress to net zero carbon emissions by 2041. This is a fundamental principle of the Local Plan, and is reflected in a range of policies and the spatial strategy. The Council has considered flood risk in site selection, the opportunities to reduce the need to travel, and providing choice of sustainable transport, and the role of green infrastructure in increasing resilience and supporting the health of communities.

4.2.4 There are a number of drivers for this policy, at international, national and local levels. There are governmental commitments to take action on climate change, which are embedded in legislation.

4.2.5 Medway experiences many of the broad ranging risks from climate change on its communities and environment. As a low-lying estuarine area, it is particularly vulnerable to the risks of flooding. Communities and wildlife are exposed to the impacts of drought, over-heating and other climate extremes. There are opportunities through the Local Plan to plan positively for sustainable and resilient growth, particularly where the scale of development provides for a strategic approach, such as heat networks, and nature-based solutions to mitigate the impacts of climate change, such as carbon sequestration.

4.2.6 The Local Plan is part of a wider collaborative approach across Medway to coordinate actions to effectively adapt to and mitigate the impacts of climate change.

4.3 Conservation and enhancement of the natural environment

4.3.1 In providing for high levels of housing need, there are concerns that development could impact negatively on the natural environment. Medway has a rich natural environment, with a high proportion of land in international and national environmental designations. The Council acknowledges that in preparing a spatial strategy and identifying site allocations for development in the new Local Plan, that great care is needed in considering the sensitivity of the natural environment and the potential for direct or indirect impacts arising from development. The evidence base for the Local Plan includes specific considerations of sensitive sites and locations, as well as opportunities to conserve and enhance biodiversity across Medway.

4.3.2 The Kent Nature Partnership Biodiversity Strategy 2020-2045 identifies a number of priority habitats and species that are found in Medway, and sets objectives to maintain, restore and create nature rich environments.^[2] Biodiversity Opportunity Areas are a spatial reflection of the Kent Biodiversity Action Plan.^[3] They indicate where the delivery of Kent Biodiversity Action Plan targets should be focused to secure the maximum biodiversity benefits. Medway includes land in the North Kent Marshes, and the Medway Gap and North Kent Downs Biodiversity Opportunity Areas. A Local Nature Recovery Strategy is in preparation for Kent and Medway, which will provide an updated basis for policy.

4.3.3 The Council is implementing BNG for new developments, in line with regulations, and the additional guidance produced by Kent County Council for local planning authorities in Kent and Medway.

4.3.4 The NPPF states that planning policies and decisions should contribute to, and enhance, the natural and local environment by minimising impacts on, and providing net gains for biodiversity. The Council welcomes the opportunities for BNG with development. It supports further work on wider environmental net gain to promote sustainable development in Medway.

4.3.5 The policy reflects national planning policy and guidance in relation to the hierarchy of designated environmental sites. National planning policy states that planning policies and decisions should contribute to conserve and enhance the natural and local environment. This includes the protection and enhancement of biodiversity or geological value commensurate with their status. Over 30% of Medway's environment is designated as of international or national importance.

4.3.6 The Council's vision for Medway over the plan period places great importance on the natural environment, and the strategic objectives reflect our aims to conserve and strengthen Medway's important wildlife sites, as well as wider nature networks.

4.3.7 The Local Plan is informed by work of the Kent Nature Partnership including the KNP Biodiversity Strategy and Kent State of Nature Report.^[4],[5] These provide an evidence base on the importance of habitats and species across Kent and Medway, the scale of loss and pressures on biodiversity, and promote strategic objectives to maintain and restore wildlife. The Council works in partnership with Kent County Council and local planning authorities across Kent and Medway on the implementation of BNG to ensure a joined up strategic approach. Kent County Council commissioned a Viability Assessment of BNG in Kent in 2022 that assessed the costs of BNG on development.^[6] It found that an uplift from 10% to 15% or 20% BNG would not materially affect viability of development in the majority of instances when delivered onsite or offsite. This has not yet been updated since the implementation of BNG, and the Council considers that further testing may be required with the more detailed information now available.

4.4 Sites of international importance for nature conservation

4.4.1 Much of the Thames and Medway estuaries and bordering mudflats and marshes are designated as SPAs and Ramsar sites for their international importance for wintering birds, and also have status as Sites of Special Scientific Interest.

4.4.2 European sites are designated under the Habitats and Birds Directives.^[7]  These sites form a system of internationally important sites throughout Europe known collectively as the 'Natura 2000 Network'.  In line with the Habitats Regulations, UK sites which were part of the Natura 2000 Network before leaving the EU, have become part of the National Site Network. 

4.4.3 Planning policy in England and Wales notes that the following sites should also be given the same level of protection as a 'European site' (Habitats Regulations):

• a potential SPA (pSPA);
• a possible / proposed SAC (pSAC);
• listed and proposed Ramsar Sites (Wetland of International Importance); and
• in England, sites identified or required as compensation measures for adverse effects on statutory European sites, pSPA, pSAC and listed or proposed Ramsar sites.

4.4.4 Ramsar sites are wetlands of international importance designated under the Ramsar Convention.

4.4.5 The Council recognises potential conflicts between opening up access to the coast and the needs of wildlife. Research has shown that the internationally important birdlife of the Thames Estuary and Marshes SPA and Ramsar, Medway Estuary and Marshes SPA and Ramsar and the Swale Estuary SPA and Ramsar sites can be damaged by the impact of people visiting the estuary. Dogs exercising off the lead, cycling and water sports are among the activities shown to cause disturbance to birds, and so a potential contributing factor to the decline of birds in the estuary. Medway Council is working at a landscape scale, implementing a Strategic Access Management and Monitoring Strategy (SAMMS). The Council is a leading partner on the North Kent SAMMS Bird Wise Board, that coordinates the delivery of a strategic package of measures to address the potential of damage to the special features of the designated habitats. The collaborative Bird Wise scheme has been developed by environmental groups and local planning authorities to ensure residential developments can come forward without further increasing the disturbance of over wintering wetland bird populations. The strategic approach is funded through a contribution from new developments which would lead to an increase in the population within 6km of the protected areas. This is the defined catchment, which research has found to be the distance within which most visits to the estuarine coast originated. Monitoring is embedded in the SAMMS scheme, so that measures can be adapted to take account of changing conditions. A review of the North Kent Bird Wise management plan is being carried out in 2024.

4.4.6 The policy seeks to avoid damage to the protected features of the Thames, Medway and Swale SPA and Ramsar sites, in line with national policy for these internationally important sites. An interim Habitats Regulations Assessment has been prepared for this consultation on the emerging Medway Local Plan. The Habitats Regulations Assessment has identified a range of threats and pressures on the protected sites that could result in likely significant effects. Damaging effects include habitat loss, degradation and fragmentation; hydrological changes; coastal squeeze; decline in air quality linked to traffic generation; and urbanisation, such as noise, lighting and visual impacts, and disturbance from recreational use.

4.4.7 Information on the conservation status of the SSSIs that coincide with the Medway, Thames and Swale Estuary and Marshes SPA/Ramsar sites indicates that a number of units are in unfavourable condition. Disturbance from recreational activity is understood to be a contributing factor to the decline in the condition of the estuaries and marshes. This is also noted in the Kent Biodiversity Strategy 2020-2045, State of Nature in Kent report, 2021, and emerging work on the Kent and Medway Local Nature Recovery Strategy.^[8],[9] The designated sites are recognised as priority habitats.

4.4.8 Research has shown the potential for negative impacts arising from recreational disturbance on the integrity of the SPAs and Ramsar sites within 6km of the designations, and a strategic approach has been developed to implementation and monitoring. Development in close proximity to the SPAs or Ramsar sites has a greater potential for generating disturbance and therefore require enhanced mitigation measures. It is recognised that areas in proximity to the designations have a role as functionally linked land, such as feeding areas for wildlife. Such areas will also need to be considered in assessing potential for damaging impacts resulting from development.

4.4.9 A landscape scale strategic approach, as implemented by Bird Wise contributes to strengthening wider ecological networks, and will be reflected in the Kent and Medway Local Nature Recovery Strategy.

4.5 Landscape protection and enhancement

4.5.1 There are a wide range of different landscape types in Medway - coastal marshes, chalk downland, orchards and shelter belts, large-scale arable farmland and extensive tracts of woodland. There are also landscapes that are strongly influenced by the built development.

4.5.2 In contrast to the urban landscapes, the rural parts of Medway are noted for expansive marshes, stretches of undeveloped coast around the estuaries of the Medway and Thames, woodland, chalk downland, orchards and shelterbelts, and extensive agricultural land, particularly on the Hoo Peninsula. Capstone and Horsted Valleys bring an accessible rural landscape into the heart of Gillingham and Chatham. The orchards running along the northern bank of the estuary provide an attractive and productive belt separating Rainham from Gillingham. Orchards to the east of Rainham provide a rural character and sympathetic setting for the Conservation Area at Meresborough and a strategic gap between urban Medway and settlements in neighbouring Swale. The Hogmarsh Valley separates urban Medway from the Hoo Peninsula. Blue infrastructure in its many forms is an important feature of Medway. Water has determined the location of Medway's towns, with water the driving force for the location of settlements and industry. Water has shaped, and continues to shape, the heritage and character of the landscape. The wild and open landscape, with its extensive marshes, ditches, fleets and reedbeds inform the character of the Hoo Peninsula.

4.5.3 The diverse landscape character underpins Medway's green and blue infrastructure assets. Due to the diverse topography in Medway where valleys and a river characterise much of the area, a number of strategic viewpoints become apparent, including at some of the historic churches in Strood, Gillingham, Rochester and Hoo St Werburgh. There are strong landscape links to the area's heritage, including the industries built up around the rivers of the Thames and Medway, and the military activities, fortifications and defensive structures.

4.5.4 The Kent Downs is a National Landscape, and the North Kent marshes have been previously designated as a Special Landscape Area. The 2003 Medway Local Plan designated Areas of Local Landscape Importance. These reflect local amenity and environmental quality, providing an attractive setting to the urban area and surrounding villages. They perform a range of functions, including green buffers and corridors for people and wildlife. The wider landscapes are important in providing local character, retaining links to the historic environment, and defining distinct settlements. Reference to the historic landscape of the East Kent Fruit Belt area lying east of Rainham gave rise to the term 'Garden of England'. The countryside in Medway experiences pressures from the neighbouring urban areas. However, these landscapes are particularly valued by communities on the doorstep of the countryside, coast and open spaces.

4.5.5 The Council has commissioned an updated Medway Landscape Character Assessment to provide guidance on conserving and strengthening the quality and distinctiveness of Medway's diverse landscapes.^[10] It will inform the preparation of the new Local Plan, and in decision making on development proposals.

4.5.6 Landscape considerations are intrinsic to designing and delivering good quality place making and supporting resilience to climate change.

4.5.7 The NPPF recognises that policies should contribute to and enhance the natural and local environment by recognising the intrinsic character and beauty of the countryside and the wider benefits from natural capital. The European Landscape Convention recognises that every landscape forms the setting of the lives of local people and the quality of those landscapes can affect everyone's lives.

4.5.8 Medway lies within three National Character Areas:

• NCA 81 – Greater Thames Estuary
• NCA 113 – North Kent Plain
• NCA 119 – North Downs

4.5.9 The Marine Management Organisation has produced a national seascape character map. The coastal edge and seascape to the north of Medway form part of MCA 18: Thames and Medway Estuaries.

4.5.10 These national level assessments define key characteristics and distinctiveness and identify pressures.

4.5.11 The Medway Landscape Character Assessment identifies eight landscape character types outside of the urban area:

• Coastal marshes
• River valleys and marshes
• Chalk scarp and scarp foot
• Dry chalk valleys and Downs
• Fruit belt
• Mixed chalk and clay farmland
• Clay farmland
• Wooded hills and ridges

4.5.12 These are further categorised into Landscape Character Areas. The report describes key characteristics and influences; evaluates key sensitivities and values; identifies issues and changes; and provides guidance at a landscape character area. This assessment clearly demonstrates the importance of landscapes across Medway and the need to carefully manage development to conserve and enhance landscape distinctiveness and quality and resilience to climate change.

4.5.13 The draft Medway Green and Blue Infrastructure Framework identifies strategic landscape corridors that perform a range of functions.^[11] These inform the development strategy, nature recovery networks, and provide for the enhancement of natural capital at a landscape scale.

4.5.14 Medway's landscape is subject to a number of pressures and threats. These include negative impacts of urbanisation and development pressures resulting in fragmentation, changes in land management practices and land uses, and visitor pressures. Loss of inter-tidal areas and salt marsh impact on the distinctive landscape character and biodiversity of the marshes. Through climate change, sea level rise is likely to result in significant loss of coastal habitats. The Council seeks to provide appropriate policy to secure and strengthen landscape distinctiveness. Landscape has an important role in planning for the mitigation and adaptation to climate change, supporting health and well-being and providing for sustainable development and quality in place making in Medway.

4.5.15 Policy has a role of providing strong forward-looking action to enhance, restore or create landscapes. The undeveloped coast contributes significantly to the landscape character of Medway, and policy should maintain its character and provide for improved public access where appropriate. The sensitivity of the coastal habitats is recognised in Policy S3.

4.6 Securing strong green and blue infrastructure

4.6.1 The large urban conurbation made up of the distinct Medway towns is surrounded and interspersed by countryside and water. The parks, paths, open spaces, trees and plants across urban Medway are important to residents for relaxation, health, socialising, and contribute to the quality of towns and suburbs. These can be the most direct way for people to engage with their local environment and can contribute to tackling social isolation, inactivity and wider health issues. Together these urban and rural assets make up Medway's green and blue infrastructure network that provides a number of landscape services, and multiple benefits for nature and people.

4.6.2 A key feature of green infrastructure is that networks are strategically planned and that spaces and places are connected. Each component part of green infrastructure has the potential to deliver wider benefits (functions), including recreation, biodiversity, health, climate change mitigation and adaptation and water quality (termed 'multi-functionality'). When planned, designed and managed as a network, these benefits are maximised. Green infrastructure is intrinsic to good development and quality place making.

4.6.3 Green spaces and countryside help in regulating the resilience of the environment at a local and global scale. The Council will work at a landscape scale to conserve biodiversity and secure the wider benefits of a coordinated approach to planning for the protection and enhancement of Medway's natural and local environment. Green infrastructure planning informs the direction and objectives in the new Local Plan. This accords with the ambitions and approaches in planning for the natural environment set out in the Government's 25 Year Environment Plan.^[12] This has been further developed through Natural England's Green Infrastructure Framework, which sets out principles and standards to strength natural networks.^[13]

4.6.4 The Council has prepared a Medway Green and Blue Infrastructure Framework, which has assessed the varied components of the area's assets, considered the priorities for different areas and delivering on the ambitions. It sets out strategic priorities for wildlife, people, climate change adaptation and mitigation, landscape and heritage.

4.6.5 Green and blue infrastructure networks cross local authority boundaries and this framework considers biodiversity, strategic access routes, watercourses and other green and blue infrastructure across neighbouring authority boundaries. The Green and Blue Infrastructure Framework has identified strategic ecological networks, set out as the Green and Blue Corridors in Figure 2.

Figure 2: Green and Blue Corridors

4.6.6 This work will be further developed in the Kent and Medway Local Nature Recovery Strategy.

4.6.7 The NPPF directs plans to take a strategic approach to maintaining and enhancing networks of habitats and green infrastructure. Further guidance is provided in Planning Practice Guidance for the Natural Environment.

4.6.8 A strong and attractive green infrastructure network is at the centre of the Council's vision and strategic objectives for the Medway Local Plan. It underpins our ambitions for caring for nature, thriving and healthy communities, beautiful places and economic well-being. This policy links to work on the Kent and Medway Local Nature Recovery Strategy, and is informed by the Kent Biodiversity Strategy. There are further links to the Medway Health and Wellbeing Strategy.

4.6.9 The draft Medway Green and Blue Infrastructure Framework demonstrates the multi-functional benefits that the local environment provides to Medway's residents and wildlife. It also highlights the pressures on the natural environment, health inequalities and deprivation in local communities, and opportunities to strengthen natural capital networks.

4.6.10 Natural England has produced a Green Infrastructure Framework. This follows from a commitment in the Government's 25 Year Environment Plan. The framework sets out 15 strategic principles and headline standards for:

• Green infrastructure strategy standard
• Accessible greenspace standards, including quality standards
• Urban nature recovery standard
• Urban greening factor standard
• Urban tree canopy cover standard

4.6.11 The framework supports the greening of towns and cities and connections with the surrounding landscape as part of the Nature Recovery Network. Green infrastructure measures can help with climate change adaptation such as urban cooling, wildlife corridors, and ecological networks to increase resilience.

4.6.12 Key components of green infrastructure planning will include strategic green infrastructure zones in areas facing development to provide for sustainable development and provide robust landscape features to enhance planned growth. Planning at this strategic scale provides an opportunity to deliver these multi-functional green infrastructure zones. This work will be further developed through the Kent and Medway Local Nature Recovery Strategy.

4.6.13 The benefits for Medway go much further than the wildlife, with the significant health, wellbeing and life expectancy benefits that can be realised through easily accessible, high quality semi-natural greenspace provision, and the potential for economic benefits from green tourism.

4.7 Kent Downs Area of Outstanding Natural Beauty National Landscape

4.7.1 The Kent Downs form an important component of Medway's natural assets. The Downs to the west and south of Medway are part of an Area of Outstanding Natural Beauty (AONB) National Landscape designation that runs across the county from Downe to Dover. This is an exceptional landscape, and the area is afforded the highest status of protection in relation to landscape and scenic beauty.   The Council has a duty to seek to further the purpose of the AONB, namely to conserve and enhance natural beauty. Medway Council is a member of the Kent Downs Joint Advisory Committee that coordinates actions to conserve and enhance the natural beauty of the National Landscape, including the preparation of a joint management plan. The Council has adopted the Kent Downs AONB management plan, 2021-2026, in line with statutory requirements, with the purpose of securing and strengthening the distinctive qualities and features of the AONB, within the context of development and wider changes across Kent and Medway.  The AONB Management Plan provides the vision, aims and principles that formulate the Council's policy for the management of the Kent Downs NL and for carrying out the Council's functions in relation to it.   

4.7.2 Land in the Kent Downs NL AONB in Medway sits to the west and east of the river valley and extends to the south of the urban area. It falls within three character areas, as defined and assessed by the Kent Downs Landscape Character Assessment used in preparing the current Management Plan. These are the West Kent Downs, Medway Valley and Mid Kent Downs landscape character areas and this supporting evidence for the Kent Downs management plan provides guidance specific to each area. It is a strongly historic landscape, and the peaceful rural feel and relative tranquillity contrasts with the nearby urban areas and busy roads. The area is characterised by extensive blocks of woodland, much of it ancient, and the coherent backdrop of scarp woodlands and fields of the Medway Valley. The woodlands form mosaic habitat with unimproved grassland. Medway's only SAC falls within the ancient woodland near Upper Halling, as a part of the wider North Downs Woodland SAC. There are long views from the south. It provides an important rural buffer between the urban areas of Medway and Maidstone and Malling to the south. There are rich layers of history, and the area includes pre-historical sites and is marked by its industrial past. The M2 and Channel Tunnel Rail Link rail bridges sit high at the northern end of the valley. The open views and dominant landform of the area make it a highly sensitive landscape, stressing the importance of its setting. Its sensitivity is increased by its role in the setting of the Medway Valley; its function as a strategic gap between large settlements and a landscape buffer to large urban areas and infrastructure; the inherent value of its cultural and biodiversity sites, and its remarkable survival as a peaceful, rural landscape despite its proximity to settlements, industry and transport infrastructure. Land in the connecting countryside close to the KDNL, in areas such as the Capstone Valley, reflect features of the designated landscape.

4.7.3 The area experiences pressures from development and infrastructure in the wider area and the proximity of urban areas. The Maidstone Local Plan Review 2024 has a strategic allocation adjoining Medway's border at Lidsing for mixed use development including 2000 homes. The Downs have been subject to some anti-social behaviour, including illegal access, and poor land management regimes. The Valley of Visions partnership set up by the Kent Downs team invested in a programme to celebrate and enhance the landscape, which has had legacy benefits, such as tackling illegal use of off-road vehicles. Climate change also presents pressures for habitats and species in the Kent Downs, in common with the wider environment.

4.7.4 There are strategic landscape and wider green infrastructure functions of the designation across local authority boundaries, and benefits of a landscape scale approach. The importance and potential of the designated area and its setting to strengthen natural capital and to mitigate and adapt to climate change are recognised in the Kent Downs AONB management plan and emerging work on the Kent and Medway Local Nature Recovery Strategy.

4.7.5 The purpose of the AONB National Landscape designation is primarily to conserve and enhance natural beauty. This is recognised in national policy and guidance, and the status of AONBs as National Landscapes, alongside National Parks, has been strengthened through the new duty for public bodies to seek to further the purpose of the designation.

4.7.6 The Kent Downs AONB National Landscape is a material consideration in plan making and decision making. The Council will give a high priority to the Kent Downs AONB National Landscape Management Plan vision, aims, principles and actions in its planning policies, development management decisions and planning enforcement cases, and in carrying out other relevant functions. 

4.7.7 The importance of the setting of a designated AONB is recognised in national planning policy and guidance, especially where long views are identified as important, such as in the National Landscape to the south of Medway. The Capstone Valley, in particular, shares similar characteristics to the landscape of the Kent Downs and contributes to its setting. It is a 'gateway' to the AONB and provides a key function as a transition zone between the AONB and built-up areas of Medway. The area is identified as a strategic component of green infrastructure in Medway, with the potential for strengthening cross border green networks.

4.7.8 Working strategically at a landscape scale offers opportunities to strengthen nature recovery networks and wider green infrastructure and provide mitigation and resilience to climate change through landscape scale restoration, conservation and enhancement. This is the approach taken through the Making Space for Nature partnership in developing the Local Nature Recovery Strategy. The Kent Downs management plan notes the impacts of climate change on the designated landscape and the potential for the area to contribute to nature-based solutions, such as through a strategic approach to woodland and tree cover expansion.

4.8 Flood and water management

4.8.1 There are a number of flood risk management authorities who have responsibilities for managing flood risk throughout Medway:

• The Environment Agency has a strategic overview of all sources of flooding and coastal erosion, as defined in the Flood and Water Management Act 2010. The approach is set out in a National Flood and Coastal Erosion Risk Management Strategy. The Environment Agency is also responsible for flood and coastal erosion risk management activities on main rivers and the coast, regulating reservoir safety, working in partnership with other risk management authorities, and providing flood forecasts and warnings. It must also look for opportunities to maintain and improve the environment for people and wildlife while carrying out all of its duties. Its functions include bringing forward flood defence schemes to manage flood risk, working with partners and local communities to respond to local priorities.
• Lead Local Flood Authorities (LLFA) have a lead role in managing the risk of flooding from surface water, groundwater, and ordinary (smaller) watercourses. Medway Council, as a Unitary Authority, is considered a LLFA under the Flood and Water Management Act 2010 and also has a flood risk role as a Highways Authority. In addition, Medway Council is also a Coastal Protection Authority under the Coastal Protection Act 1949, leading on coastal erosion risk management activities in their area.
• Internal Drainage Boards (IDBs) are independent public bodies that manage water levels in low lying areas where there is a special need for drainage. They work in partnership with other authorities to actively manage and reduce the risk of flooding. There are two IDBs within the Medway administrative area; the Lower Medway IDB, and the North Kent Marshes IDB.
• Water and Sewerage Companies (Southern Water and Southeast Water) manage the risk of flooding to water supply and sewerage facilities and flood risks resulting from failure of infrastructure.

Flood risk in Medway

4.8.2 The Medway Towns are at risk of flooding from a number of sources, including tidal and surface water flooding, as well as flooding from groundwater, streams and ditches. A national assessment of surface water flood risk indicates that Medway is one of 116 communities throughout England which is considered to be at significant risk of surface water flooding.^[14]

4.8.3 Tidal flood risk infrastructure currently provides a varying level of protection to the areas of ecological importance across the low-lying land in the north of Medway, and the strategically important towns situated along the tidal River Medway. The Environment Agency produced both the Thames Estuary Plan (TE2100) and Medway Estuary and Swale Strategy (2019) which sets out the short, medium and long-term vision for managing flood risk over the next 100 years.^[15],[16] The implementation of these strategies is being led by the Environment Agency through two capital delivery programmes for both the Thames Estuary and the Medway and Swale Estuary Estuaries. Medway Council and other neighbouring local authorities are key partners in these capital programmes, which ensure flood infrastructure improvements are realised to reduce flood risk and support sustainable growth.

4.8.4 To manage flood risk Medway Council will:

• allocate land to safeguard it for flood risk management infrastructure;
• identify site policies for change of use and reduce the causes and impacts of flooding; and
• determine the acceptability of flood risk in relation to emergency planning capability.

Links to flood risk strategies and assessments

4.8.5 There are a number of national and local strategies, assessments and plans which need to be taken account of throughout the planning cycle including the following:

• Medway Strategic Flood Risk Assessment (SFRA)
• Local Flood Risk Management Strategy
• Preliminary Flood Risk Assessment
• Surface Water Management Plans
• Shoreline Management Plans
• Medway Estuary and Swale Strategy
• Thames Estuary 2100 Plan
• Thames River Basin District Flood Risk Management Plan

4.8.6 The Council will ensure the aims and recommendations of these plans are considered when developing detailed policies for specific river frontages, to ensure that development proposals contribute towards the objectives and measures included.

Climate change

4.8.7 Current UK projections for future climate change indicate that there will be more frequent short duration high intensity rainfall and more frequent periods of long duration rainfall. Climate change is also expected to bring hotter, drier summers alongside wetter winters but not necessarily in tandem. Climate change allowances show that around 1 metre of sea level rise is possible by 2100. This is expected to increase flood risk due to more frequent and severe coastal flooding events in the future. Flood zones are expected to increase for all sources of flooding so that some areas will move from Flood Zone 1 to Flood Zone 2 and 3 over the next 100 years.^[17]

4.8.8 Summer droughts are also therefore likely to be more frequent alongside an increased risk of flooding. This combined with increased demand from development requires a proactive approach to the management of these risks via the planning system.

Water supply

4.8.9 Medway is an area of serious water stress as identified by the Environment Agency.^[18] Southern Water and Southeast Water are the statutory water suppliers throughout Medway with Southern Water supplying water to most of the authority and Southeast Water supplying Halling.^[19] There is a shared interest in the protection of groundwater supplies and water quality. Both water companies have developed Water Resources Management Plans (WRMPs) which set out how it is proposed to ensure there is a secure and reliable supply of water under a range of future scenarios. WRMPs are linked to Drought Plans which detail the steps that would be taken to ensure that supplies can be maintained whilst minimising the impacts to rivers and the environment during drought events.

4.8.10 In order to minimise the use of mains water, water supplies and resources need to be protected and conserved in a sustainable manner.

Wastewater

4.8.11 There is an established network of sewerage facilities throughout Medway. The majority of Wastewater Treatment Works (WwTW) have capacity to accept wastewater from the proposed growth without the need for improvements to existing facilities. However, it is important to recognise that if significant spare capacity is not maintained at WwTWs due to the need to maintain efficiency, upgrades may be required to serve growth. Existing water infrastructure will need to become more resilient to climate change. A significant increase in flood risk, storm overflow events and other climate change impacts is likely to seriously impact the efficiency of existing potable and wastewater infrastructure.

4.8.12 Southern Water is the primary provider for wastewater disposal within Medway and are currently developing Drainage and Wastewater Management Plans across their catchments, including Medway. Drainage and Wastewater Management Plans are long-term plans that will provide an opportunity to improve water quality and drainage systems and will address pollution and flooding for the benefit of communities and the environment. These long-term plans take into account projected growth over the Local Plan period.

4.8.13 Policies relating to the additional waste management capacity and wastewater treatment are presented in the Waste Management section of this document.

Water quality and groundwater protection

4.8.14 Surface and groundwater water quality is vitally important for water supply, general amenity, recreation, fisheries and nature conservation supporting domestic, industrial and agricultural uses. In Medway there are several groundwater sources that are predominantly in the urban area and Medway Valley. These are highlighted via the Environment Agency Ground Water Source Protection Zones that aim to protect the water quality of groundwater sources.^[20]

4.8.15 Development proposals should reference the Environment Agency's Groundwater Protection guidance documents to ensure that any impact of development on groundwater quality in the area is managed appropriately.^[21]

4.8.16 The EU Water Framework Directive has been retained in UK law following the UK's exit from Europe and establishes a framework for the protection of inland surface waters, estuaries, coastal waters and groundwater which is delivered via River Basin Management Plans.

Sustainable drainage

4.8.17 SuDs comprise a suite of water management techniques that replicate natural drainage processes, for example via the use of permeable paving, swales and attenuation ponds. SuDs provide an opportunity to achieve multi planning benefits and contribute towards several planning policies including reduced flood risk, improved water quality, increased biodiversity via contribution to open space and landscaping and reduced use of potable water supplies.

4.8.18 SuDs measures are of particular importance also for new developments within areas where there may be sewer capacity limitations. Increased take up of SuDs will improve resilience of Medway over the Local Plan period and beyond and contribute towards climate adaptation.

4.8.19 National Planning Policy expects Local Plans to account for water management via the consideration of flood risk, coastal change, climate change, water quality, water supply and wastewater; this section will focus on the management of those aspects. The policies proposed should be considered alongside the wider, linked policies contained within the Natural Environment section of this document. Water supply is further referenced in the Infrastructure section in the context of utility provision.

4.8.20 'Flood risk' is defined in National Planning Practice Guidance (NPPG): Flood and Coastal Change as "a combination of the probability and the potential consequences of flooding from any source, now or in the future. Sources – including from rivers and the sea, direct from rainfall on the ground surface, rising groundwater, overwhelmed sewers and drainage systems, reservoirs, canals and lakes and other artificial sources."^[22]

4.8.21 For areas at risk of river and sea flooding, this is principally land within Flood Zones 2 and 3 or where a SFRA shows it will be at risk of flooding in the future.^[23]

4.8.22 National planning policy seeks to minimise increased vulnerability to flood risk through the promotion of sites away from areas of higher flood risk via a Sequential Test, which aims to steer new development to areas with the lowest probability of flooding.^[24] Where this is not possible then the Exception Test should be applied, which is a method to demonstrate flood risk to people and property will be managed satisfactorily while allowing necessary development to go ahead in situations where suitable sites at lower risk of flooding are not available.^[25]

4.8.23 A SFRA has been produced which considers the risk of flooding from all sources to provide evidence for a Sequential and Exception Test and provides guidance for the completion of site-specific Flood Risk Assessments.^[26]

4.8.24 To minimise the risk created to people and property from new development and the impacts of climate change, national planning policy instructs local planning authorities to direct development towards areas at the lowest risk of flooding. The SFRA will be updated and will inform site allocations going forward in the plan-making process. Proposals for development in areas at risk of flooding will be refused if other suitable sites are reasonably available in areas at lower risk, Sequential and exception tests (where required) must be passed in line with the National Planning Policy Framework (NPPF) and Guidance.

4.8.25 Land uses considered to be the most vulnerable from flooding must be located in areas of lowest flood risk first unless there are demonstrable overriding reasons to prefer a different location. The National Planning Policy Guidance will be referred to when assessing the vulnerability of a land use to flood risk.

4.8.26 Comments received requested site-specific flood risk assessments to support planning applications, this will be considered at the relevant stage of plan-making.

4.8.27 The Council will require sufficient and appropriate funding to support flood risk works under the MEAS and TE2100 programmes.

4.8.28 SuDS should be provided on all new development unless it can be demonstrated that such measures are inappropriate and suitable alterative drainage mechanisms are proposed. Drainage systems higher in the SuDS hierarchy, as defined by NPPG, will be favoured.

4.9 Contaminated land

4.9.1 Development cannot take place where land is potentially contaminated without proper assessment and remediation. The Council seeks to encourage development supportive of people leading healthy lives. Land contamination is a key consideration in planning as it causes harm to the environment and ecology, has the potential to adversely affect human health, and unless dealt with appropriately, can restrict the re-use of otherwise suitable brownfield sites.

4.9.2 Medway has a number of brownfield sites that were previously in industrial and/or military use, particularly in waterfront locations. These previously developed sites provide opportunities for regeneration, making the best use of land, boosting the supply of housing and contributing to the area's economic success. However, the Council recognises that some of these sites may be subject to contamination from previous uses.  

4.9.3 This policy approach is consistent with national planning policy which seeks to avoid unacceptable risks from ground pollution.^[27] The policy ensures that all potentially contaminated land is assessed and mitigated appropriately before use.

4.9.4 This policy supports development on brownfield land providing it can be remediated appropriately, allowing high quality development to take place in sustainable locations.

4.10 Air quality

4.10.1 Clean air is an important factor in human, environmental and ecological health. Medway has areas of good air quality, which should be maintained, and areas with recognised poor air quality, which the Council seeks to improve. Areas of poor air quality are managed and designated by Air Quality Management Areas (AQMAs) to bring pollutant levels below national objectives. The Local Plan's strategic objectives aim to support people to lead healthy lives, and to prepare Medway for a sustainable and green future and managing air quality contributes towards these. The Local Plan recognises that air quality is an important consideration when making decisions with regards to future developments, transport, and pollution control issues.   

4.10.2 Large, potentially polluting developments which generate a significant amount of vehicle movements have the potential to significantly affect air quality and air pollution impact assessments and mitigation measures, in accordance with local air quality guidance must be completed.

4.10.3 The impact of any proposals on ambient air quality will also be important where the development could in itself result in the designation of Air Quality Management Areas or conflict any Air Quality Action Plans declared by the Council.  In appropriate circumstances, air quality impact studies through air dispersions modelling and appropriate modelling will be made legally binding through the use of planning conditions or planning obligations (S.106 agreements).   

4.10.4 The use of renewable and alternative energy sources; and integrated transport strategies, will all help to improve air quality and also contributing to reducing CO2 emissions.  However, biomass burning can pose challenges to air quality. A shift towards more biomass burning in urban areas of Medway could have significant impacts on air quality and public health if only the potential climate change benefits are considered. There could be conflict with policies relating to energy, and therefore very careful consideration of the air quality impacts relating to proposed development of biomass burning will be required. 

4.10.5 The NPPF states that planning policies must prevent new development from being adversely affected by air pollution and take into account the presence of Air Quality Management Areas which Local Authorities have a duty to declare if particular pollutant levels exceed national objectives.^[28],[29] Medway has four AQMAs currently (Central Medway; Pier Road Gillingham; High Street, Rainham; and Four Elms, near Chattenden), all for exceedances of the annual mean nitrogen dioxide objective. These AQMAs highlight the need for careful and considerate management of air quality as a result of new development. There may be circumstances where it is impossible to avoid small increases in pollution, and such increases may be considered acceptable when balanced against the benefits that would result from development.

4.10.6 The Medway Air Quality Action Plan 2015 was adopted in December 2015, and the Four Elms Air Quality Action Plan in 2022.  The Medway Air Quality Planning Guidance, 2021 has been prepared to set out the measures which will be taken to help reduce emissions which occur as a result of development proposals.^[30]  It provides advice for the design and layout of schemes and potential mitigation measures. The guidance applies across the whole borough to improve air quality and avoid worsening air quality in existing AQMAs or resulting in the designation of further AQMAs. It will be reviewed and updated in light of any specific future national and local policy changes, throughout the plan period.

4.10.7 It should be noted that other policies within the Local Plan will guide the location of development to reduce the need for private transport and encourage the use of decentralised, renewable energy and green infrastructure to reduce both emissions and their impact still further.

4.10.8 The management of air pollution is a cross border issue, and Medway will engage with neighbouring Local Authorities and seek a joint approach where necessary and/or requested.

4.11 Noise and light pollution

4.11.1 Development has the potential to raise noise and light pollution to unacceptable levels, which can have significant adverse effects on health, quality of life, the natural environment and ecology. They also impact on areas of tranquillity. The Council has considered tranquillity through its Landscape Character Assessment. The Council recognises the contribution of tranquillity to conserving the qualities of the Kent Downs NL.

4.11.2 In addition, light pollution can be wasted energy, and the reduction of this aligns with the Council's ambitions to address climate change.

Noise

4.11.3 Noise can come from a variety of sources, including road, rail and air traffic, industrial processes and recreational activities and some development, for example residential development, can be particularly sensitive.

4.11.4 When considering the impact of noise, development proposals must ensure that appropriate mitigation, consistent with national and/or local policy is incorporated into designs.

Light

4.11.5 Under the Clean Neighbourhoods and Environment Act 2005 Local Authorities have the power to classify artificial light emitted from defined premises as a statutory nuisance. Good practice advises appropriate lighting design in all development to limit these problems.^[31] Different forms of light pollution are identified as:

• Sky Glow - the brightening of the night sky
• Light Glare - the uncomfortable brightness of a light source when viewed against a dark background
• Light Spillage - the spillage of light beyond the boundary area
• Light Intrusion – the intrusion of light into another property or sensitive area^[32]

4.11.6 The Council refers to the Institution of Lighting Professionals Guidance Notes for the Reduction of Obtrusive Light.^[33] Councils are advised to distinguish between the broad areas that merit different levels of light control which have been identified in Table 1. External lighting must be limited to accord with Institution of Lighting Professionals lighting guidance for this zone.

Table 1: Levels of Light Control

4.11.7 In certain areas such as prisons and airfields, high levels of light are required for safety and security reasons.  These are exempt from the statutory nuisance regime for artificial light, so it is important for lighting design for these premises to be considered right at the outset. Proposals will still require mitigation to reduce impacts on human health, environmental, and ecological concerns.

4.11.8 National policy contains specific requirements to limit the impact of light and noise pollution.^[34] The national Planning Practice Guidance (Noise) provides additional advice and links to additional relevant documents, guides and standards to support developers on providing appropriate mitigation and assistance when considering noise pollution.^[35]

4.11.9 Medway has a number of nationally and internationally important environmental and ecological sites and development in or affecting these areas must not cause them unacceptable harm. These have been categorised into the highest appropriate environmental zone for light pollution with a corresponding restrictive guidance to protect them. It is critical to the ongoing health of these assets that noise and light pollution is considered at the earliest stage of development.

4.11.10 Both noise and light pollution can also cause human health concerns. Therefore, even the lowest category of environmental zone in Table 1 has guidelines to ensure appropriate external lighting mitigation is incorporated into development proposals.

4.11.11 The Kent Downs NL's Landscape Character Assessment highlights the impact that noise has on the distinctive characteristic of the area, which will be protected through policies S4 and S6.

4.12 Green Belt

4.12.1 The Metropolitan Green Belt aims to stop the outward growth of Greater London into the surrounding countryside, towns and settlements. National policy states its fundamental aim as being to prevent urban sprawl by keeping land permanently open.

4.12.2 The Metropolitan Green Belt terminates in the west of Medway, with 4.98% of the Council's land area designated as green belt. Larger areas of contiguous green belt are located within the neighbouring boroughs of Tonbridge and Malling, and Gravesham. Although green belt is a small part of Medway's land area, it performs a significant role in that it serves to retain the strategic gap between the urban areas of Gravesend and Strood and prevents coalescence of Strood and Higham, Snodland and Halling. The Council attaches great importance to the function provided by the green belt along its western boundary with neighbouring boroughs.

4.12.3 The Council carried out a Green Belt review in 2018 to assess if land is meeting the purposes established in national policy, and to test whether exceptional circumstances justify a revision to green belt boundaries in Medway.^[36] The review recommended largely maintaining the existing green belt designations, subject to some minor boundary amendments to reflect local features and address anomalies to provide a better defined boundary. The Council will further review this designation in advance of finalising the content of the new Local Plan.

4.12.4 The Council's position is to adhere to a policy of development being restricted in the Green Belt, in line with national policy, to ensure that the land remains permanently open.

4.12.5 National policy as set by the NPPF attaches great importance to the Green Belt and its five key purposes, and although once established there is no requirement to review or change Green Belt boundaries, that boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the plan-making process.^[38]

4.12.6 The Metropolitan Green Belt has served to preserve open countryside between the edge of Greater London and surrounding areas. At a local level, it has helped to separate the urban areas of Strood and Gravesend, and preserve a band of open countryside, interspersed by smaller rural settlements. This policy will help to retain this important separation and prevent coalescence, which was an evident concern in a number of comments received from previous consultations on the emerging Local Plan.

4.12.7 The Medway Green Belt Review assessed whether green belt land within its administrative area, meets the fundamental aim of national policy, which is to keep land permanently open, and fulfils the above five green belt purposes.

4.12.8 The review found that existing green belt boundaries should be maintained largely as they stand, with minor amendments to take account of boundary anomalies. The Local Plan Policies Map shows Medway's Green Belt designation.

4.12.9 The neighbouring boroughs of Gravesham, and Tonbridge and Malling, have both undertaken Green Belt Reviews as part of their Local Plan processes.^[39],[40] Green Belt adjacent to the Medway boundary forms part of their respective assessments. It is noted that there is a narrow gap between the urban areas of Gravesham and Medway, Snodland and Halling. Medway residents have raised concerns about potential development in neighbouring authorities eroding the Green Belt and impacting on Medway. The Council will continue to discuss Green Belt issues with neighbouring LPAs as part of the preparation of our respective Local Plans.

4.12.10 Medway's Green Belt provides a well-established buffer between settlements, making a significant contribution to the aims and purposes of the Green Belt as set out by the NPPF.

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